Terms and Conditions
1. Scope and Subject Matter of Contract
These General Terms and Conditions (GTC) apply to all contracts between Benjamin Wagner (hereinafter "Provider") and the customer regarding the provision and use of a web-based software solution within the framework of a Software-as-a-Service (SaaS) model.
The Provider makes the software available to the customer for use via the internet. The use is exclusively in the business area. By concluding the contract, the customer confirms that they are an entrepreneur within the meaning of § 14 BGB.
2. Contract Formation and Registration
The contract is formed through registration of the customer on the Provider's platform and confirmation by the Provider.
The customer undertakes to provide complete and truthful information during registration. Access data must be treated confidentially and may not be passed on to third parties.
3. Scope of Services
The Provider makes the software available to the customer within the framework of the selected subscription. The software is operated on the Provider's servers or those of third parties commissioned by the Provider.
The Provider is entitled to continuously develop the software and to adapt or remove functions, provided this does not significantly impair the core functions of the software. Such changes do not constitute a defect.
The Provider guarantees an average availability of 90% on a monthly average. Excluded from this are times of planned maintenance work as well as cases of force majeure.
4. Prices and Payment Terms
The remuneration is based on the respective valid price list. All prices are net plus statutory value added tax, if applicable.
Billing is done monthly in advance. Payment processing is carried out exclusively through the external payment service provider Lemon Squeezy LLC (hereinafter "Payment Service Provider"). The terms of use and payment conditions of the Payment Service Provider apply additionally.
Lemon Squeezy acts as Merchant of Record. The calculation, collection, and remittance of statutory value added taxes (e.g., value added tax, VAT, sales tax) is carried out – where applicable – by the Payment Service Provider.
The available payment methods result from the Payment Service Provider's offering.
In case of payment default, the Provider is entitled to block access to the software until full payment is received.
Price changes will be communicated to the customer at least 2 months in advance. In case of increases of more than 5%, the customer has a special right of termination.
4a. Refunds and Chargebacks
Refunds are made exclusively through the Payment Service Provider and in accordance with its applicable terms and conditions.
Billing periods that have already been billed will not be refunded, unless mandatory statutory provisions state otherwise.
Costs and fees arising from chargebacks caused by the customer shall be borne by the customer. The Provider is entitled to temporarily block access to the software during ongoing chargeback proceedings.
5. Contract Duration and Termination
The contract runs for an indefinite period and can be terminated by either party with a notice period of 30 days to the end of the respective billing period.
The right to extraordinary termination remains unaffected, particularly in case of serious breaches of contract or payment default.
Terminations only affect future billing periods. Periods already billed through the Payment Service Provider will not be refunded, unless mandatory statutory regulations state otherwise.
After the end of the contract, all stored data will be deleted, unless there is a statutory retention obligation. Upon written request, the Provider will make the data available in a structured, machine-readable format (e.g., CSV or JSON). The handover takes place within 60 days after the end of the contract against remuneration based on the Provider's current hourly rates.
6. Obligations of the Customer
The customer undertakes to use the software exclusively within the framework of the contractual agreements and applicable laws.
The customer is responsible for all content that they process, store, or transmit as part of the use.
The customer is obliged to create regular backup copies of their data, especially before changes or import processes. The Provider is not liable for data loss that is attributable to insufficient data backup by the customer.
The customer may not use the software in a way that endangers system stability or performance. In case of unusually high usage volume, the Provider is entitled to take appropriate technical measures (e.g., throttling).
7. Data Protection and Data Security
The Provider processes personal data exclusively in accordance with the General Data Protection Regulation (GDPR).
Personal data is only passed on to third parties in case of legal obligation, for contract fulfillment, or with the consent of the data subject.
The Provider may use third-party services and tools to operate the platform. A list of these providers will be made available upon request or is maintained in the privacy policy.
As part of payment processing, personal data is transmitted to the Payment Service Provider Lemon Squeezy LLC, USA.
Further information on the processing of personal data, in particular on third-party providers used such as Lemon Squeezy, can be found in the Provider's privacy policy, which is an integral part of the contract.
The customer remains the owner of their data. The Provider does not have a right of retention.
8. Availability and Defects
The Provider endeavors to ensure uninterrupted availability of the software. Maintenance work is carried out outside of usual business hours whenever possible.
In case of technical disruptions or defects, the Provider will remedy these within a reasonable period. The right to reduction remains unaffected in case of permanently significant impairments.
9. Liability
For simple negligence, the Provider is only liable in case of breach of essential contractual obligations (cardinal obligations) and limited to the typical, foreseeable damage under the contract. Liability for indirect damages, in particular lost profits or production downtime, is excluded to the extent legally permissible.
The Provider is not liable for data loss if this could have been avoided by proper and regular data backup by the customer.
The Provider is not liable for disruptions, failures, or delays in payment processing caused by the Payment Service Provider and beyond its sphere of influence.
10. Changes to the GTC
The Provider is entitled to change these GTC with effect for the future. Changes will be communicated to the customer at least 2 weeks before they take effect.
If the customer does not object to the changes within 2 weeks of receipt of the notification, they are considered accepted. The Provider expressly points out this right of objection to the customer in the change notification.
11. Payment Service Provider
The Provider is not itself a payment service provider. All payments are made through the external Payment Service Provider Lemon Squeezy LLC.
The respective current contractual and terms of use of the Payment Service Provider apply additionally.
12. Final Provisions
Place of performance and jurisdiction is the Provider's registered office. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
Benjamin Wagner
An den Kasernen 25
68167 Mannheim
mail@customermates.com
Last Update: 30.01.2026